Four Sydney Swans Players Won't Be Charged Over Hotel Assault Claim

Four Sydney Swans players who were under investigation over an alleged sexual assault at a Melbourne hotel will not face criminal charges, Victoria Police confirmed, according to ABC News in Australia. The women involved are still planning civil lawsuits.

Who was investigated, and what was the allegation?

Isaac Heeney, Chad Warner, James Jordon and Nick Blakey had been under police investigation since late August over an alleged assault at the Pullman Hotel in East Melbourne. The Independent reported that police earlier said three women, believed to be adult entertainers, alleged inappropriate touching.

The ABC reported that several adult entertainers are understood to have joined players at the hotel after being hired following the Swans' win over Essendon on Aug. 17. It said the investigation centred on a player allegedly touching one of the women without her consent. It remains unclear how many players took part, or which ones. The players have denied any wrongdoing, according to The Independent.

A woman was seen leaving the hotel room in a distressed state in the early hours of the morning, both outlets reported, and a call was made soon afterward to the emergency Triple Zero line.

Why won't there be charges?

Victoria Police said that after a thorough investigation and on legal advice, it would not proceed because of “insufficient evidence.” A spokesperson said no further comment would be made because of an ongoing civil matter.

Teammate Riley Bice, who was also stood down by the club, was cleared earlier in the same investigation, the ABC reported.

How have the women's lawyers responded?

Jackson Pannam of Slater and Gordon, who represents one of the women, said his client was devastated. He said she reported the incident immediately, gave a formal statement and cooperated fully with police. He added that the lack of criminal charges does not stop a civil claim, and that his firm is continuing to prepare one.

John Karantzis of Carbone Lawyers, who acts for two other women, said his clients were very disappointed and distressed. He said they would pursue their civil claim vigorously.

How is a civil claim different from a criminal case?

Both lawyers pointed to a lower standard of proof. A civil case is decided on the “balance of probabilities,” while criminal cases require proof beyond reasonable doubt. That is why the police decision does not end the matter. The civil claim is aimed at the relevant parties, and Karantzis said his clients' claim is against the club.

What did the players and the club say?

Heeney welcomed the police announcement. In a statement he said the past three months had been incredibly difficult for his family and those close to him. The ABC and The Independent both reported that the players apologized for breaching club standards, namely drinking and inviting women back to the hotel after the game.

The Swans stood the players down after the incident for those breaches. The club said that decision was separate from the police investigation and that it stands by it, because the players' conduct fell short of expected standards.

Chief executive Matthew Pavlich told a news conference it was a difficult period for everyone affected. He said it was a moment for the players to move forward and that they would eventually return to training. The club has started a comprehensive examination of its AFL program and has promised meaningful change. Pavlich said it was not a day for anyone to celebrate and that the club would work to restore its standards. Asked about the civil claims, he said the club would deal with them as they arise.

Blakey moved to North Melbourne last month and apologized for the events that led to his exit from Sydney. He said he has to win back the trust of the broader community.

Why does it matter?

The decision closes the criminal phase of a case that has hung over one of the AFL's best-known clubs and four of its players for about three months. It does not settle what happened, as Pannam stressed. The civil claims mean the allegations are likely to be tested again, under a different standard of proof, and the club's review of its program is still under way.

The case is also a reminder that club discipline, police action and civil litigation run on separate tracks with different tests, so a decision in one does not decide the others.

Around Prague, based on reporting by ABC News (Australia), The Independent

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